arrest or detention, taking into account that, under the Rule of Law, the judge must guarantee the rights of the detainee, authorize precautionary or coercive measures, when strictly necessary, and generally handle the matter in a manner consistent with the presumption of innocence in favor of the accused until his or her responsibility has been proven. 123 94. As to the formalities required for the purposes of detention, Article 16 of the Mexican Constitution, at the time that the facts occurred, established that: 124 No one shall be disturbed in his person, family, home, papers or possessions, unless by virtue of a written order of the competent authority stating the legal grounds and justification for the action taken. […] In cases of in flagrante delicto, any person may arrest the offender, handing him over without delay, to the nearest authority, which in turn shall hand over the offender to the Office of the Public Prosecutor. […] In urgent cases or when the offender is caught in flagrante, the judge who receives the detained person must either immediately ratify the arrest or order the person's release, except in those cases provided by law. […] No accused person shall be detained by the public prosecutor for more than forty-eight hours; within this period, his release must be ordered or he shall be brought before a judicial authority. […] 95. Where a person is caught in flagrante delicto, according to the constitutional text, “any person” may arrest the offender, provided that the suspect is brought, without delay, to the nearest authority. Moreover, Article 193 of the Federal Code of Criminal Procedure, in reference to the arrest of the accused, establishes that; 125 Article 193 – Any person shall be able to detain the suspect: I. At the time the crime is being committed; II. When the suspect is physically prosecuted, immediately after committing the crime, or III. Immediately after committing the crime, when the suspect is accused by the victim, any eye-witness to the events or anyone who intervened with him in the crime, or when there are objects or signs that provide solid grounds for presuming that he participated in a crime. In addition to these signs, other technical elements shall be considered. […] An arrest in the event of in flagrante delicto shall be immediately recorded by the competent authority. 123 Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100, para. 129; Case of Yvon Neptune v. Haiti, supra note 49, para. 107; and Case of Bayarri v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 30, 2008. Series C Nº 187, para. 63. 124 Cf. Article 16 of the Political Constitution of the United Mexican States, quoted in the judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84, page 14436. Cf. Political Constitution of the United Mexican States (File of attachments to the answer brief, annex 3 filed in digital format). 125 Cf. Federal Code of Criminal Procedures, New Code published in the Official Gazette of the Federation on August 30, 1934 (File of attachments to the answer brief, volume XXIV, page 10162). 35